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HomeMy WebLinkAboutOrdinance 93- 1360, Creation of Bozeman Beautification Advisory Board, Chapter 2.84ORDINANCE NO. 1360 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.84 OF SAID CODE PROVIDING FOR THE CREATION OF THE BOZEMAN BEAUTIFICATION ADVISORY BOARD AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. PREAMBLE The purpose of this ordinance is to provide for the creation of the Bozeman Beautification Advisory Board and to establish the duties and responsibilities of the Board. WHEREAS, the Bozeman City Commission finds community beautification efforts to be in the public interest; and WHEREAS, the advice of interested members of the community is sought by the Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 2.84.020 Membership Meetings SECTION 1 That Title 2 of the Bozeman Municipal Code be amended by adding Chapter 2.84 to be numbered and to read as follows: "Chapter 2.84 Bozeman Beautification Advisory Board 2.84.010 Creation The City Commission shall appoint a Bozeman Beautification Advisory Board, hereinafter referred to as "board and designate the board to act as the advisory board to the City Commission on matters relating to beautification projects in the Bozeman area. A. The board shall consist of up to nine (9) members to be appointed by the City Commission. Members of this board shall serve three (3) year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. In addition to the appointed membership, the City of Bozeman Historic Preservation Officer shall serve as an ex- officio, non- voting member. B. Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Nonresident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. C. The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without compensation for their time and services. D. Meetings of the board shall be conducted in accordance with all applicable rules and regulations of the City of Bozeman and the adopted bylaws of the board. 2.84.030 Duties and Responsibilities The Board shall have the following duties and responsibilities: A. To identify, investigate and recommend community beautification projects and programs to the City Commission, and to assist in their implementation once approved; B. In coordination with the appropriate city staff persons, to investigate and pursue Grants and other possible funding sources for beautification projects and forward recommendations to city staff and the City Commission; and C. To advise the City Commission concerning actions related to the beautification of city -owned properties and facilities. D. The board may have such other duties and responsibilities as the City Commission, from time to time, may direct. 2.84.040 Board Authority The actions of the board shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City Commission or upon the City. The City may adopt all or any part of any recommendation of the board, with or without any changes made by the City Commission, as City policy. Section 2 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. Section 3 Severabilitv: If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 4 Effective Date: This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at its meeting held on the filth day of January 1993• TIMOTHY SW ',y 'ON, MAYOR ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at its meeting held on the 25th day of January 1993. ATTEST: RYBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: BYLAWS OF THE BOZEMAN BEAUTIFICATION ADVISORY BOARD ARTICLE I CREATION The Bozeman Beautification Advisory Board, hereinafter referred to as the Board, was created 1993 by City of Bozeman Ordinance ARTICLE II OBJECTIVES The Board shall act in an advisory capacity to the City Manager and City Commission in matters relating to beautification projects and programs, and funding sources for such activities. ARTICLE III POWERS AND DUTIES The Board shall have the following powers and duties: A. To identify, investigate and recommend community beautification projects and programs to the City Commission, and to assist in their implementation once approved; B. In coordination with the appropriate city staff persons, to investigate and pursue grants and other possible funding sources for beautification projects and forward recommendations to city staff and the City Commission; and C. To advise the City Commission concerning actions related to the beautification of city-owned properties and facilities. D. The board may have such other duties and responsibilities as the City Commission, from time to time, may direct. ARTICLE IV MEMBERSHIP A. Appointment Terms The board shall consist of up to nine (9) members to be appointed by the City Commission. Members of this board shall serve three (3) year staggered terms. Initially, three (3) members shall be appointed for one (1) year terms, three (3) members appointed for two (2) year terms, and the remaining members appointed for three (3) year terms. Upon expiration of the terms of office for the first appointees, and from that time hence, all terms shall consist of three (3) years. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. In addition to the appointed membership, the City of Bozeman Historic Preservation Officer (HPO) shall serve as an ex-officio, non-voting member. B. Oualifications Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Nonresident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for any lawful purpose. C. Compensation-Expenses The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without compensation for their time and services. D. Resignations Resignations from the Board shall be submitted in writing to the Chair, who will then notify the City Commission. The City Commission shall fill vacancies occurring on the Board within sixty (60) days. Such appointments shall be for the unexpired portion of the term. E. Removal from Office 1. Any appointee may be removed from office by a majority vote of the City Commission. 2. Three (3) unauthorized consecutive absences from regularly scheduled Board meetings shall be grounds for removal as a member of the Board. Such removal may be by action of the Board. Absences shall be authorized by the Chair or Vice- Chair. ARTICLE V OFFICE OF AGENCY, STAFF SUPPORT The Board shall maintain its offices in the office of the City of Bozeman Historic Preservation Officer (HPO). The HPO in addition to serving as an ex-officio, non-voting member of the board, will be responsible to assist the Board in the scheduling of meetings, distribution of agendas and meeting minutes, and providing notification of Board activities to interested parties. The HPO shall also serve as the liaison between the Board, the City Manager, and the City Commission. ARTICLE VI OFFICERS AND THEIR DUTIES A. The Board shall elect from its voting members a Chair, Vice- Chair and Recording Secretary at its first regular meeting of each calendar year. 2 B. The Chair shall preside at all meetings of the Board and shall exercise the duties normally conferred by parliamentary procedure on such officers. The Chair may call special meetings, and generally perform other duties as may be prescribed by the Board or City Commission. The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board. C. The Vice-Chair shall vote as a member of the Board. D. The Chair shall vote only to break a tie vote. E. The Vice-Chair shall have the authority to act as Chair in the absence or disability of the Chair. F. In the event of the absence of the Chair and Vice-Chair, the members of the Board shall select an acting Chair. G. The Recording Secretary shall be responsible for taking, preparing and distributing the minutes of all meetings. In the absence of the Recording Secretary, the Chair shall appoint any member present to act in the capacity of Recording Secretary. ARTICLE VII MEETINGS A. Schedule of Meetings The Board shall hold regularly scheduled meetings as frequently as necessary to fulfill its function and not less often than quarterly. A regular meeting place for the Board shall be established. B. Special Meetings The Chair of the Board, the HPO, or any two (2) members of the Board may call special meetings of the Board as needed. C. Ouorum A majority of appointed members (50% or greater) shall constitute a quorum. D. Open Meetings and Documents All meetings, committee meetings and documents of the Board shall be open to the public. Reasonable public notice shall be given prior to meetings. E. Rules of Order Meetings of the Board shall be conducted according to all 3 applicable rules and regulations of the City of Bozeman and according to Robert's Rules of Order, unless otherwise specified in these Bylaws. A voting member of the Board may be designated by the Board Chair to serve as parliamentarian. No action of the Board is official, however, unless authorized by a majority of members present at a properly called meeting for which a quorum is present. F. Conflict of Interest A member of the Board who has a financial interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the discussion and vote taken on the item. Board members shall be bound by all applicable provisions of the Code of Ethics adopted by the City of Bozeman. In the event of disqualification from a conflict of interest, such fact shall be entered into the Minutes of the meeting. ARTICLE VIII OPERATING POLICY A. Discrimination Prohibited No person shall, on the basis of race, creed, sex, sexual preference, color, age, national origin, marital status, disability, religion, membership or any other constitutionally recognized right shall be excluded from membership or participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity acted upon by the Board or carried on or conducted in the Bozeman Senior Citizens Center or upon its grounds. ARTICLE IX COMMITTEES Special committees may be appointed by the Chair for purposes and terms which the Board approves. ARTICLE X AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances and the City Commission shall be provided with information copies of bylaw amendments. 4